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WEHR CONSTRUCTORS v. ASSURANCE CO. OF AM

No. 2012-SC-000221-CL.

384 S.W.3d 680 (2012)

In re WEHR CONSTRUCTORS, INC. v. ASSURANCE COMPANY OF AMERICA.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing December 20, 2012.

Attorney(s) appearing for the Case

Kenneth Allen Bohnert , Richard M. Sullivan , Edward Francis Busch , Conliffe, Sandmann & Sullivan, Louisville, KY, Counsel for Wehr Constructors, Inc.

Vanessa Lynn Armstrong , U.S. District Court, Paducah, KY, Counsel for United States District Court, Western District of Kentucky.

Rickard L. Walter , Nicholas Dean Kafer , Boehl, Stopher & Graves, LLP, Paducah, KY, Counsel for Assurance Company of America.

Opinion of the Court by Justice VENTERS.

Pursuant to CR 76.37(1),1 this Court granted the certification request of the United States District Court for the Western District of Kentucky to answer the following question of Kentucky law:

Whether an anti-assignment clause in an insurance policy that requires an insured to obtain the insurer's prior written consent before assigning a claim under the policy is enforceable or applicable...

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